Citation Nr: 0017965
Decision Date: 07/10/00 Archive Date: 07/14/00
DOCKET NO. 96-19 158 ) DATE
)
On appeal from the decision of the
Department of Veterans Affairs Regional Office in Reno,
Nevada
THE ISSUES
1. Entitlement to service connection for a psychiatric
disorder other than an anxiety disorder.
2. Entitlement to an increased evaluation for an anxiety
reaction, currently rated as 50 percent disabling.
3. Entitlement to special monthly compensation based on the
need for regular aid and attendance or being housebound.
REPRESENTATION
Appellant represented by: Military Order of the Purple Heart
INTRODUCTION
The Board has added an introductory statement to address a
series of letters dated after the date of the veteran's
death. One of these statements was submitted by the
veteran's spouse. In her letter, the spouse appeared to
contend that the cause of the veteran's death was related to
his military service. As this issue has been neither
procedurally developed nor certified for appellate review,
the Board is referring it to the RO for initial consideration
and appropriate action. Godfrey v. Brown, 7 Vet. App. 398
(1995).
FINDINGS OF FACT
1. The veteran in this case served on active duty from
April 1943 to October 1944.
2. In July 2000 the Board was notified that the veteran
died on May 18, 2000.
CONCLUSION OF LAW
Because of the death of the veteran, the Board has no
jurisdiction to adjudicate the merits of this claim.
38 U.S.C.A. § 7104(a) (West Supp. 1999); 38 C.F.R. § 20.1302
(1999).
REASONS AND BASES FOR FINDINGS AND CONCLUSION
Unfortunately, the veteran died during the pendency of the
appeal. As a matter of law, veterans' claims do not survive
their deaths. Zevalkink v. Brown, 102 F.3d 1236, 1243-44
(Fed. Cir. 1996); Smith v. Brown, 10 Vet. App. 330, 333-34
(1997); Landicho v. Brown, 7 Vet. App. 42, 47 (1994). This
appeal on the merits has become moot by virtue of the death
of the veteran and must be dismissed for lack of
jurisdiction. See 38 U.S.C.A. § 7104(a) (West Supp. 1999);
38 C.F.R. § 20.1302 (1999).
In reaching this determination, the Board intimates no
opinion as to the merits of this appeal or to any derivative
claim brought by a survivor of the veteran. 38 C.F.R.
§ 20.1106 (1999).
ORDER
The appeal is dismissed.
RONALD R. BOSCH
Member, Board of Veterans' Appeals